Can’t sit on advice to release Rajiv Gandhi case convicts: Madras high court to governor

CHENNAI: As governor Banwarilal Purohit is yet to act on a state cabinet recommendation to release all seven life convicts in the Rajiv Gandhi assassination case, the Madras high court has said a constitutional authority cannot sit over the recommendation indefinitely. The state’s recommendation was made in September 2018.
A division bench on Wednesday also said if a decision is not made (by the governor) within a reasonable time, the court would be constrained to intervene in the matter.
“No time limit is prescribed for such authorities to decide on such issues only because of the faith and trust attached to the constitutional post,” a division bench of Justice N Kirubakaran and Justice V M Velumani said on Wednesday.
The bench made the observations while hearing a habeas corpus plea moved by T Arputhammal, mother of life convict A G Perarivalan. She wanted the court to grant 90 days of parole to her son as he needs immediate medical attention in view of various ailments.
She said Perarivalan is vulnerable to Covid-19 infection inside the prison as he suffered chronic illness.
“In view of the illnesses, my son is being regularly taken to Stanley Government Medical Hospital for the past five years. On February 21, he was treated in the hospital for prostate and urinary infection. He was advised to come for review after 15 days. But he was not taken for the review as prescribed and suffers unbearable pain due to denial of proper treatment,” senior advocate R Shanmugasundaram, representing Arputham, said.
Recording the submissions, the bench directed the prosecutor to get instructions from the state government regarding the parole request and directed the registry to inform the counsel for the governor’s office to get appropriate instruction as to the disposal of the recommendation to release the life convicts.
The court then adjourned the hearing to July 29.